LEMON USED VEHICLE
Used Vehicles.
Almost all used vehicles in Texas are sold with an AS IS No Warranty disclaimer. Unfortunately, this law often prevents buyers of older higher mileage vehicles from obtaining compensation for a defective or unsafe vehicle. Except for the Situations noted below it is difficult to obtain compensation for a vehicle that is more than 5 years old or has more than 80,000 miles at time of purchase. Vehicles that are purchased after two years of age or 40,000 miles are usually covered by the AS IS disclaimer. In EVERY used car purchase you should have a mechanic of your choice inspect the vehicle immediately before you purchase it. If you are unable to obtain such an inspection, I can often help in the following used vehicle purchase scenarios:
Salvage, Flood and Wreck vehicles. IF you believe that your vehicle was involved in a flood, collision or salvage situation before you bought it and you were not told about it you may have a claim for that misrepresentation. If your vehicle was bought by a manufacturer from an earlier consumer it is probably a Lemon and you should have been notified of this fact before you bought it. If you did not receive such a disclosure you should have a cause of action. Remember that a CarFax report is NOT conclusive evidence as to whether the vehicle was in a flood or wreck or Undisclosed Lemon. Car Fax only picks up a Branded title which is a Salvage declared vehicle by a State Department of Transportation or Motor Vehicles. MANY cars are declared a Total Loss by insurance companies but are rebuilt and returned to the road with no disclosure or title branding. Also, most rental car fleets are self insured and repair and sell their wrecked vehicles with no disclosure of the damage.
Odometer. Odometer rollback claims do not have any mileage limits although no odometer disclosure is required for vehicles that are 10 model years or older. If a seller makes an odometer disclosure, it must be accurate. If you bought a vehicle with an altered odometer call me.
Immediate Revocation. The cancellation of a vehicle purchase within 30 days may be successful IF you have good cause. Although there is no 3, 5 or 30 day right of cancellation law for the purchase of a vehicle I have successfully overcome the “As Is NO Warranty” Defense in some circumstances. Those circumstances have involved dealer fraud in the sale; or dealer misrepresentation of the age, mileage or condition of the vehicle. Of course, these circumstances are very fact specific and you should call me to pursue this remedy.
Certified Vehicle/Extended Warranty. Certified Used Vehicles offer warranty protection like a New Vehicle and the Certification protection gives you almost the same remedies as if you buy a New Vehicle. Repetitive problems with a vehicle or the failure of the selling dealer or another repair ship to honor the warranty are the most common complaints in this category.
Commercial Trucks and Diesel Engines. Of course, diesel engines and commercial trucks would be considered differently than passenger vehicles. Because of their longer life and durability these vehicles would be expected to last longer, both in miles and years.
